Patna High CourtCR. MISC./56464/2017bail granted

Nagendra Paswan v. The State Of Bihar

2017-12-15Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56464 of 2017 Arising Out of PS.Case No. -502 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Nagendra Paswan, son of Late Dev Nandan Paswan, Resident of VillageBari Yusufpur, P.S.- Industrial Area, District- Vaishali .... Petitioner

Versus

The State of Bihar ... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party : Mr. Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-12-2017 Heard counsel for the petitioner and APP for the State. The petitioner seeks bail in a case registered for offence under sections 399, 402 and 414 of the IPC and under sections 25(1-b)a, 26 and 35 of the Arms Act.

Petitioner has been made accused on the basis of recovery of one country made pistol and a live cartridge from his possession.

Counsel for the petitioner submits that other than own confession of the petitioner, nothing incriminating has come to connect him with the offence. Similarly situated co-accused Sanjay Mahto and Feku Kumar Mahto have already been allowed bail by a bench of this Court vide order dated 17.10.2017, passed in Cr.Misc.No. 48832 of 2017. Prior to the instant case, petitioner has no antecedent and he is in custody since 24.7.2017. In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as mentioned above, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Town Police Station Case No. 502 of 2017 on the

Patna High Court Cr.Misc. No.56464 of 2017 (2) dt.15-12-2017 following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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